| 1 | A bill to be entitled |
| 2 | An act relating to public records exemptions; creating s. |
| 3 | 744.1076, F.S.; creating exemptions from public records |
| 4 | requirements for certain court records relating to |
| 5 | appointment of certain court monitors, reports of such |
| 6 | monitors, and determinations and orders of a court |
| 7 | relating to findings of no probable cause; providing for |
| 8 | future legislative review and repeal; providing findings |
| 9 | of public necessity; providing a contingent effective |
| 10 | date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Section 744.1076, Florida Statutes, is created |
| 15 | to read: |
| 16 | 744.1076 Court orders appointing court monitors and |
| 17 | emergency court monitors; reports of court monitors; findings of |
| 18 | no probable cause; public records exemptions.-- |
| 19 | (1)(a) The order of any court appointing a court monitor |
| 20 | pursuant to s. 744.107 is confidential and exempt from s. |
| 21 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 22 | (b) The reports of an appointed court monitor relating to |
| 23 | the medical condition, financial affairs, or mental health of |
| 24 | the ward that are required pursuant to s. 744.107 are |
| 25 | confidential and exempt from s. 119.07(1) and s. 24(a), Art. I |
| 26 | of the State Constitution. Such reports may be subject to |
| 27 | inspection as determined by the court or upon a showing of good |
| 28 | cause. |
| 29 | (c) The public records exemptions provided in this |
| 30 | subsection expire if a court makes a finding of probable cause, |
| 31 | except that information otherwise made confidential or exempt |
| 32 | shall retain its confidential or exempt status. |
| 33 | (2)(a) The order of any court appointing a court monitor |
| 34 | on an emergency basis pursuant to s. 744.1075 is exempt from s. |
| 35 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 36 | (b) The reports of a court monitor appointed on an |
| 37 | emergency basis relating to the medical condition, financial |
| 38 | affairs, or mental health of the ward that are required pursuant |
| 39 | to s. 744.1075 are confidential and exempt from s. 119.07(1) and |
| 40 | s. 24(a), Art. I of the State Constitution. Such reports may be |
| 41 | subject to inspection as determined by the court or upon a |
| 42 | showing of good cause. |
| 43 | (c) The public records exemptions provided in this |
| 44 | subsection expire if a court makes a finding of probable cause, |
| 45 | except that information otherwise made confidential or exempt |
| 46 | shall retain its confidential or exempt status. |
| 47 | (3) Court determinations relating to a finding of no |
| 48 | probable cause and court orders finding no probable cause |
| 49 | pursuant to s. 744.107 or s. 744.1075 are confidential and |
| 50 | exempt from s. 119.07(1) and s. 24(a), Art. I of the State |
| 51 | Constitution; however, such determinations and findings may be |
| 52 | subject to inspection as determined by the court or upon a |
| 53 | showing of good cause. |
| 54 | (4) This section is subject to the Open Government Sunset |
| 55 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 56 | repealed on October 2, 2011, unless reviewed and saved from |
| 57 | repeal through reenactment by the Legislature. |
| 58 | Section 2. (1) The Legislature finds that it is a public |
| 59 | necessity that the order of any court appointing a court monitor |
| 60 | pursuant to s. 744.107, Florida Statutes, or appointing a court |
| 61 | monitor on an emergency basis pursuant to s. 744.1075, Florida |
| 62 | Statutes, be made exempt from public records requirements. The |
| 63 | Legislature finds that the release of the exempt order would |
| 64 | produce undue harm to the ward. In many instances, a court |
| 65 | monitor is appointed to investigate allegations that may rise to |
| 66 | the level of physical neglect or abuse or financial |
| 67 | exploitation. When such allegations are involved, if the order |
| 68 | of appointment is public, the target of the investigation may be |
| 69 | made aware of the investigation before the investigation is even |
| 70 | underway, raising the risk of concealment of evidence, |
| 71 | intimidation of witnesses, or retaliation against the reporter. |
| 72 | The Legislature finds that public disclosure of the exempt order |
| 73 | would hinder the ability of the monitor to conduct an accurate |
| 74 | investigation if evidence has been concealed and witnesses have |
| 75 | been intimidated. |
| 76 | (2) The Legislature finds that it is a public necessity |
| 77 | that the reports of a court monitor or a court monitor appointed |
| 78 | on an emergency basis, relating to the medical condition, |
| 79 | financial affairs, or mental health of the ward, be made |
| 80 | confidential and exempt from public records requirements. The |
| 81 | Legislature finds that the release of the confidential and |
| 82 | exempt reports would produce undue harm to the ward. Release of |
| 83 | the confidential and exempt reports could hinder the ability of |
| 84 | the monitor to conduct an investigation and interview parties |
| 85 | because many parties involved in such an investigation would be |
| 86 | reluctant to speak to a court monitor knowing that the |
| 87 | information provided would be public. Protecting reports |
| 88 | relating to the medical condition, financial affairs, or mental |
| 89 | health of a ward would provide an environment in which to |
| 90 | discuss information in a free and open way and would allow the |
| 91 | court monitor to develop the information needed for reporting |
| 92 | purposes. Furthermore, information contained in the reports |
| 93 | relating to the medical condition, financial affairs, or mental |
| 94 | health of a ward contains sensitive, personal information that, |
| 95 | if released, could cause harm or embarrassment to the ward or |
| 96 | his or her family. |
| 97 | (3) The Legislature finds that it is a public necessity |
| 98 | that court determinations relating to a finding of no probable |
| 99 | cause and court orders finding no probable cause be made |
| 100 | confidential and exempt from public records requirements. |
| 101 | Unfounded allegations against a guardian are sometimes made by |
| 102 | individuals for unscrupulous reasons. Release of unfounded |
| 103 | allegations could be damaging to the reputation of a guardian |
| 104 | and could cause undue embarrassment as well as invade the |
| 105 | guardian's privacy. If such information were released, it could |
| 106 | have a negative impact on the guardian and the ward of that |
| 107 | guardian. The guardian program relies heavily on volunteers and, |
| 108 | as such, volunteers could be reticent to serve as the guardian |
| 109 | of a ward. The release of such information could cause undue |
| 110 | harm to a guardian who is the subject of an allegation for which |
| 111 | no probable cause has been found. |
| 112 | (4) The public's ability to scrutinize and monitor the |
| 113 | actions of the court is not diminished by nondisclosure of the |
| 114 | exempt court order and the confidential and exempt reports |
| 115 | because the exemptions expire if the court has made a finding of |
| 116 | probable cause. In addition, such information could also be made |
| 117 | public upon a showing of good cause. |
| 118 | Section 3. This act shall take effect on the same date |
| 119 | that House Bill 191 or substantially similar legislation takes |
| 120 | effect, if such legislation is adopted in the same legislative |
| 121 | session or an extension thereof and becomes law. |